HR and Employee Screening Issues Affecting your Business

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Information contained in this page is of a general informational nature and nothing herein, or on this website, should be construed as legal advice. For advice on questions of law, please consult a qualified attorney for additional guidance.

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Month: November 2016

In 1998, the state of Hawaii became the first state to enact legislation aimed at providing individuals with criminal records a fair chance at securing employment. Born out of the work of grassroots civil/human rights organization, All of Us or None, this enactment increased momentum for a growing national movement that continues to impact background screening and hiring processes today.

This movement, commonly-referred to as Ban the Box, promotes a nationwide effort to remove and/or postpone self-disclosure requirements from employer hiring processes. Through this removal, Ban the Box ordinances operate with the objective to level the playing field for ex-offenders by affording them opportunities to display qualifications and make positive impressions during the hiring process, without being arbitrarily eliminated due to criminal history.

Although Ban the Box first surfaced nearly 20 years ago, it continues to impact the manner in which employers throughout the country screen applicants today. In 2016 alone, several major jurisdictions including Los Angeles, Milwaukee and the state of Connecticut – to name a few – voted to enact Ban the Box legislation. These jurisdictions join the growing list of counties, cities and districts in more than 18 states that now prohibit employers within various sectors, from including self-disclosures in the hiring process.

However, prohibiting and/or addressing the timing and nature of self-disclosure is not the only mandate that Ban the Box laws have inspired.

In numerous jurisdictions, including but not limited to New York City, Prince George’s and Montgomery Counties in Maryland, San Francisco and Washington, D.C., Ban the Box-inspired ordinances require the utilization of adverse action notifications in the hiring process. These notifications, which range from providing applicants with a notice of their right to appeal, to disclosing a specific policy that caused employment denial, require strict compliance and have the potential to pose litigation risks to employers now and in the future.

To mitigate risks, it is imperative that employers work with consumer reporting agencies, as well as legal counsel, to create a compliant applicant hiring/screening process that will leave little room for error.

For more information on compliance and developing a Ban the Box-compliant screening process, watch A-Check Global’s Compliance 101 Part 1videolocated in our Resource Library under Informational Videos, or contact A-Check Global at 877-345-2021 today.

A-Check Global’s drug screening partner, Quest Diagnostics, recently released their Annual Drug Testing Index revealing a fifth straight year of rising positive drug detection rates in the US workforce. This is the highest rate of positive screens since 2005.

The Quest Diagnostics Drug Testing Index™ examined nearly 11 million drug screening results and found that positivity rates had risen from 3.9% of screens returning positive in 2014 to 4.0% in 2015. The last time the rate was found to be at, or above 4% was in 2005. The rise in positive results came from screens completed by both general employees, as well as government mandated employees, such as truck drivers and pilots.

The study also provides a deep look into the drugs most commonly found during screening, exposing that nearly 2% of all urine based tests return positive for marijuana use, making it the drug most often detected by far. Additionally, the study reveals a noticeable jump in positive results for heroin and amphetamine use, with both at higher rates than last year.

For more information regarding drug screening and drug free workplace solutions feel free to contact A-Check Global through our contact page, or by phone at 877-345-2021.

In today’s society, the internet dominates and interferes with practically all aspects of life – including the hiring process. And with the ease and immediate availability of online information, or the convenience of visiting a local court or police department, many employers question the continued use of formal background screens in the hiring process. Some employers even abide by the notion that candidates and employees, alike, are less likely to apply for positions if they know that a background screen may disqualify them.

However, despite the growing number of resources available to the general public, background screening in our current, high-tech and internet-savvy climate is more important than ever before. These days, applicants are familiarizing themselves with screening processes and employer requirements very early on. In doing so, the number of applicants learning to manipulate employers and information to their benefit, is growing at an alarming rate, and is even contributing to the overall increase in document and information falsification. Such falsification and manipulation poses major risks to employers including, but not limited to:

Ruined reputations

Lack of workplace safety
Violations of state/federal laws

Lack of job competence in employees

Costly lawsuits, legal issues and litigation

Higher employee turnover/lower retention rates

Occurrences of workplace theft

Company policy violations

Formal background screens performed by providers like A-Check Global, help to mitigate these risks by operating with teams consisting of and led by highly-skilled and rigorously-trained industry experts whose expertise is aimed at keeping employers safe and compliant at all times.

Additionally, background screens yield a wealth of information that spans far beyond what the general internet and local records may provide; including multi-jurisdictional records, accurate employment and education verifications that rely on more than just phone numbers, accurate address history, sex offender records, international records, motor vehicle records, professional license/certification verifications and various other types of information.

By conducting formal background screens with a provider, employers also typically have access to information, resources and expertise curated to ensure compliance with local, state and federal laws/ guidelines, and mitigate legal risks.

So, although times are changing and public information is seemingly more accessible, the use of background screens is still the most well-rounded, effective, time-efficient and compliant method for screening applicants and employees.

For more information on background screening, or to implement a screening process for your company, Contact A-Check Global at 877-345-2021 today.